Thursday, October 11, 2007
INITIAL POST: Apparently, there are a lot of others who agree with what I said here last week, namely, that it is imperative that we urge US troops to disobey the President if he orders an attack upon Iran. Daniel Ellsberg, Thom Hartmann, Rabbi Michael Lerner, Rabbi Steven Jacobs, Cynthia McKinney, Willie Nelson, Cindy Sheehan, Norman Solomon, Elizabeth de la Vega, Gore Vidal, Ann Wright and, currently, almost 1800 others, have issued such an appeal to the US military. Please consider adding your signature by going here, creating an account and signing it.
Here is the text of the appeal, in its entirety:
Again, you can add your name to the request by going to AfterDowningStreet.org.
ATTENTION: Joint Chiefs of Staff and all U.S. Military Personnel:
Do not attack Iran.
Any preemptive U.S. attack on Iran would be illegal.
Any preemptive U.S. attack on Iran would be criminal.
We, the citizens of the United States, respectfully urge you, courageous men and women of our military, to refuse any order to preemptively attack Iran, a nation that represents no serious or immediate threat to the United States. To attack Iran, a sovereign nation of 70-million people, would be a crime of the highest magnitude.
Legal basis for our Request – Do not attack Iran:
The Nuremberg Principles, which are part of US law, provide that all military personnel have the obligation not to obey illegal orders. The Army Field Manual 27-10, sec. 609 and UCMJ, art. 92, incorporate this principle. Article 92 says: "A general order or regulation is lawful unless it is contrary to the Constitution, the law of the United States …"
Any provision of an international treaty ratified by the United States becomes the law of the United States. The United States is a party and signatory to the United Nations Charter, of which Article II, Section 4 states, "All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state…" As Iran has not attacked the United States, and as the U.S. is a party and signatory to the Charter, any attack on Iran by the U.S. would be illegal under not only international law but under the U.S. Constitution which recognizes our treaties as the Supreme Law of the Land. When you joined the military, you took an oath to defend our Constitution.
Following the orders of your government or superior does not relieve you from responsibility under international law. Under the Principles of International Law recognized in the Charter of the Nuremberg Tribunal, complicity in the commission of war crime is a crime under international law.
The Bush Administration's charges against Iran have not been proven. Neither the development of nuclear weapons, nor providing assistance to Iraq would, if proven, constitute justification for an illegal war.
An attack on Iran might prompt the formidable Iranian military to attack U.S. troops stationed in Iraq. Thousands of our soldiers might be killed or captured as prisoners of war. A U.S. attack against Iranian nuclear facilities could also mean the deaths, from radiation poisoning, of tens of thousands of innocent Iranian civilians. The people of Iran have little control over their government, yet would suffer tremendously should the U.S. attack. Bombing raids would amount to collective punishment, a violation of the Geneva Convention, and would surely sow the seeds of hatred for generations to come. Children make up a quarter of Iran's population.
Above all, we ask you to look at the record of our actions in Iraq, which U.S. intelligence admits is “a cause celebre for jihadists” – a situation that did not exist before we attacked. We must face the fact that our rash use of military solutions has created more enemies, and made American families less safe. Diplomacy, not war, is the answer.
Know the Risks Involved in Refusing an Illegal Order or Signing This Statement:
We knowingly and willingly make this plea, aware of the risk that, in violation of our First Amendment rights, we could be charged under remaining sections of the unconstitutional Espionage Act or other unconstitutional statute, and that we could be fined, imprisoned, or barred from government employment.
We make this plea, also aware that you have no easy options. If you obey an illegal order to participate in an aggressive attack on Iran, you could potentially be charged with war crimes. If you heed our call and disobey an illegal order you could be falsely charged with crimes including treason. You could be falsely court martialed. You could be imprisoned. (To talk to a lawyer or to learn more about possible consequences, contact The Central Committee for Conscientious Objectors, Courage to Resist, Center on Conscience and War, Military Law Task Force of the National Lawyers Guild 415-566-3732, or the GI Rights Hotline at 877-447-4487.) **
Our leaders often say that military force should be a last resort. We beg you to make that policy a reality, and refuse illegal orders to attack Iran. We promise to support you for protecting the American public and innocent civilians abroad.
Our future, the future of our children and their children, rests in your hands.
You know the horrors of war. You can stop the next one.